EB-3 Sustained — Retail Management (2006): the director initially denied the petition, finding the

Decision Summary

The director initially denied the petition, finding the petitioner had not established the ability to pay the proffered wage based on its 2003 net income loss. The appeal was sustained because the AAO considered alternative evidence, specifically the petitioner's net current assets for 2003 and its net income for 2004, both of which were sufficient to cover the proffered wage.

Criteria Discussed

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